NARSINBHAI PRAJAPATI Vs. CHHATRASINGH KANJI

JUDGEMENT

(1.) These two appeals are by special leave against the judgment of the Gujarat High Court, acquitting the respondents of the charge that at about 11.30. a.m. on September 24, 1972, they, in pursuance of their common intention, committed the murder of one Bai Pashi in the village of Champur, District Surendranagar. Respondent No 1 was convicted by the learned Sessions Judge, Surendranagar, under Section 302, I.P.C. and was sentenced to death. All the respondents 1 to 4, were convicted by the learned Judge under S. 302 read with S. 34 of the Indian Penal Code and were sentenced to imprisonment for life.

(2.) We are prepared to assume in favour of the prosecution that the evidence in regard to the incident of the 23rd near the pond and the evidence in regard to the incident which took place near the Ota of the Pir shows that the respondents had some motive for committing the crime. We may also accept that blood-stained shirt and dhoti were seized from the person of respondent 1 and dharias were seized from the houses of respondents 1 and 3. But those circumstances are in our opinion wholly insufficient for sustaining the charge of murder of which the respondents are accused.

(3.) The evidence of the two eye-witnesses Kantaben (P. W. 4) and Shantaben (P. W. 5) on which the judgment of the Sessions Judge principally rests cannot be accepted for the following reasons, amongst others, given by the High Court:-